A timeline in the abduction of 11-year-old Carlie
Brucia of Sarasota, Fla.: _Since 1993: Joseph P. Smith arrested at least 13 times in Florida, according to state records. _ 1997: Joseph P. Smith was arrested in Manatee County on kidnapping and false imprisonment charges, but was acquitted a year later. _ August: Probation officer in Sarasota sent Judge Harry M. Rapkin notice that Smith was violating his probation. _ Dec. 30: Judge Harry M. Rapkin did not declare Smith in violation of his probation when asked by his probation officer with a second notice about Smith violating his probation. _ Sunday February 1: Carlie Brucia abducted at 6:16 p.m. outside a car wash while walking home from a friend's house. _ Monday: Authorities release images of Carlie's abduction taken from a surveillance camera. It shows her taken by a man wearing a mechanic's uniform. Amber alert issued for Carlie. _ Tuesday: Carlie's mother, Susan Schorpen, pleads for her daughter's safe return. Joseph P. Smith, an unemployed auto mechanic, held in custody on an alleged probation violation. _ Wednesday: Authorities announce that Smith is considered suspect in abduction. Investigators search Smith's Buick Century station wagon for clues. A nighttime Bible study is held at the church where Carlie's body is later found, but no one notices anything. _ Thursday: Investigators say Smith uncooperative with authorities, say "strong evidence" links him to the abduction. _ Friday: Authorities announce the discovery of Carlie's body. Body found
outside a church a few miles from the car wash. Smith charged with
first-degree murder and kidnapping. |
Carlie Brucia was taken
from her family by a repeat offender. Why?
Latest news is that some judge recently denied a parole
officers request to have this animal put back in jail.
My heart goes out to the family and
friends.
Why isn't the names
of those who granted his parole released? Why are they not questioned as to
why they turned a person loose on society when he clearly has put it on
notice? Where is the accountability? Are they being fired for obvious
incompetence and poor performance?
Why isn't the judge who recently denied they parole officer
request to put this guy back in jail not questioned or named?
Where is the public apology by those who turn this
beast loose on this little girl?
Why can't we see them with their family and explain why The
Brucia's have to bury a child?
Why can't the Brucia
face them as they apologize? Why aren't they required to attend Carlie's
funeral? These parole boards saw something in Smith to think that he was
safe enough to release why not face those that he harmed?
http://www.e-thepeople.org/article/29347/view
Carlie's
father, Joe Brucia, was critical of judges who had encountered Smith before, and
called on the governor to investigate why Smith wasn't locked up. "He should
have never been on the street."
Gov. Jeb Bush said today his heart
goes out to Carlie’s family and expressed concern that the man accused of
kidnapping and killing Carlie was not jailed a month ago.
http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20040206/NEWS/40206001/1269
Police said Joseph P. Smith told a witness that he had
kidnapped and killed Carlie, and authorities used that information to find
the sixth-grader's body a few miles from the
carwash.
A state correction official, Joe Papy, said
that a probation officer had asked a judge on Dec. 30 to declare Smith in
violation of his probation because he had not paid all his fines and court
costs.
Papy said Circuit Judge Harry
Rapkin declined to find Smith in violation, which could have returned him to
jail. The judge defended his decision Friday, saying the probation officer
never sent him the evidence he requested that Smith had willfully refused to
pay.
http://www.foxnews.com/story/0,2933,110622,00.html
Smith isn't the first violator to benefit
from Rapkin's leniency.
According to DOC documents obtained by the Herald, Rapkin allowed individuals who violated probation to avoid jail at least 50 times. The stack of unsigned warrants came with Post-It notes from Rapkin with comments like: "Warn him and handle this one in house!", "See if you can work with him" and "She's been otherwise compliant let's let this go!"
http://www.bradenton.com/mld/bradenton/7897061.htm
County Official |
12TH JUDICIAL CIRCUIT COURT JUDGE
HARRY RAPKIN NONPARTISAN PO BOX 1000 BRADENTON, FL 34206 Phone: (941) 748-4501 http://www.flayld.org/judges/circuit12/rapkin.htm |
Judicial Center
- 2002 Ringling Blvd
PO Box 48927
Sarasota, FL
34230
(941) 363-7800
http://12circuit.state.fl.us/
As Rapkin defended his record, Joe Brucia, the father of 11 year old murder
victim, Carlie, was blasting the system that allowed Smith to be on the street.
He says Smith should have been in jail.
Neither violation resulted in Smith being jailed. Rapkin, who assumed Smith's case when he took over a division from another judge, never actually saw Smith in his courtroom.
Both Circuit Judge
Harry Rapkin (search) and the Florida Department of Corrections (search) denied wrongdoing in the handling of Smith's case when he fell behind in paying his court fines in December and could have been jailed.Rapkin said a probation officer did not provide information to show that the often-unemployed Smith was willfully refusing to pay his fines. Rapkin spoke out Friday because he said his role has been misunderstood and he is now getting death threats from outraged citizens.
He'd Quit???
If in fact he was guilty in Aiding and Abetting the murder of this innocent child, "quit" isn't what we should be looking for.
Rabin apparently never told the parents he didn't sign the warrant, he
apparently never told the public that he didn't sign the warrant, and apparently
never told the schools that he didn't sign the warrant. Seems that he was asked to sign a warrant by Smith's
probation officer who wanted this piece of scum (that's Smith, not Rapkin)
off the streets before he again would hurt people as his probation officer
was concerned he
would.
How many more people will be harmed because judges continue to put these people
back out into our neighborhoods?
http://www.foxnews.com/story/0,2933,110721,00.html
In December, Judge Harry Rapkin refused to sign a warrant for the arrest of Smith, the man charged with Carlie's kidnapping and murder.
"It is up to a judge to determine whether or not to sign a warrant. We don't sign all the warrants," he explained.
"Nobody can know how miserable I feel. I haven't slept all night. And if I did [make the wrong decision], I deserve the public's feelings. But all I did was follow the law; that's my job," he said. "I want this cleared up because I'm afraid something is going to happen to my wife and children. We've been getting phone calls from people who seem like they are emotionally disturbed."
While the judge insisted the Corrections Department dropped the ball, that state agency said the blame lies squarely on the judge's shoulders.
"We said he violated, we said he hadn't paid. As to willingness and ability, that's the judge's call," said jams Crosby Jr. of the Department of Corrections.
The Department of Corrections told ABC Action News they feel the judge should have immediately called a hearing and established if Smith could pay. They added they are not in the business of establishing evidence; it is instead the judge's job, they claim.
The actions of Judge Harry Rapkin and lack thereof
made me very critical of our system. As a result of this Judge's actions and
lack thereof, my daughter attempted suicide, as she felt completely hopeless in
her situation.
The Judge time and time again hurt her by his actions and lack of action. This
Judge has made her life and mine a living hell since this Judge was appointed
into the Family court system in Venice.
When I found out he was leaving family law I was extremely happy and hoped that
the new Judge coming in would have competence. When I found out that Harry
Rapkin was going into criminal law - I was very frightened that he was now going
to be handling our local criminals.
I knew that the citizens would be unsafe with that Judge in charge. I blame him
and the system for Carley's death!
Time and time again, Joseph P. Smith broke the law and time and time again - the
system did nothing. Further encouraging all those breaking the law, that they
can get away with anything and nothing will ever be done towards justice and
fairness!
"Needs long term residential treatment ... prison if necessary," the probation officer wrote in a report that's now a part of Smith's court file.
As the newest judge on Smith's case, Rapkin said he's never seen that report or others on Smith's crimes throughout the years.
In 2001, Smith was arrested for prescription fraud, and that time he did land in prison. He served about 13 months of a 16-month sentence and was released on New Year's Day 2003.
Eight days later, deputies found Smith passed out in his car with drugs on the seat beside him.
He could have gone to prison for five years, but a scoring system that judges use to determine sentencing didn't add up to enough to put Smith in prison, records showed. Instead, he was put on probation for three more years.
State Sen. Victor Crist, chairman of the Senate Criminal Justice Committee and a leading legislator in anti-crime initiatives for the past decade, said it is ultimately the judge's decision when not to use the full measure of punishment allowed by the law.
"The laws are there," Crist said. "We can always tweak them, we can always make tougher penalties, but the bottom line is we have tough penalties, we just don't enforce them."
From Fox News
http://www.foxnews.com/story/0,2933,110622,00.html
"A state Department of Corrections official said Thursday that a probation officer had asked a judge on Dec. 30 to declare Smith in violation of his probation because he had not paid all his fines and court costs.
Probation official Joe Papy said Circuit Judge Harry Rapkin declined to find Smith in violation, which could have returned him to jail."
Posted by Enoch at February 6, 2004 10:19 AM
http://www.terpsboy.com/scgi-bin/mt-comments.cgi?entry_id=503